Media Mentions
2007
Marc Brown was quoted in the May 5 edition of Information Week regarding business method patents resulting from the U.S. Supreme Court's recent decision on the KSR v. Teleflex case. "Business method patents already are difficult to get, and this ruling will make them even more so. They're going to be much more prone to attack," he said
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
Marc Brown was interviewed by the EE Times for its May 2 issue regarding the U.S. Supreme Court's ruling on KSR v. Teleflex. While the decision clearly rejected a "rigid rule" test, the Court wasn't explicit about what takes its place. “What they have been less clear about is what the new test is. Some of the most controversial patents of recent years have been so-called ‘business method’ patents, such as a company patenting a particular way of doing business. One such example is a long-running case involving eBay and its 'buy it now' option, which a jury decided violated a patent held by a small company, MercExchange. Business method patents already are difficult to get, and this ruling will make it even more so. They're going to be much more prone to attack," said Mr. Brown.
Marc E. Brown, Intellectual Property, Media & Technology, Patent Prosecution
2006
On June 22, Marc E. Brown was quoted in InformationWeek in the article, "Supreme Court Sidesteps Deciding Key Patent Case." The article discussed the Court’s ruling on a patent infringement case that had the potential to invalidate business-method patents. Regarding the Court’s decision to dismiss an appeal by Laboratory Corporation of America because it addressed issues not dealt with by lower courts, Mr. Brown suggested a decision could have removed one of the clouds hanging over business method payments. "This case had the potential of seriously disrupting the status quo, but the Court's inaction signaled that a change is no longer immediately on the horizon as the Federal Circuit has been very pro business-method patents, so contrary to a decision by the Supreme Court, the right to a business-method patent is pretty secure."
Marc E. Brown, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
2004
Marc Brown was quoted in the March 12 issue of Silicon Valley Biz Ink in the article, "Illegal P2P File Downloading May Threaten Employers." The article concerns companies the potential liability for companies if their employees use their network to illegally download copyrighted files using peer-to-peer file-sharing software. Mr. Brown commented "there hasn't been a court ruling on whether or not a company can be held liable for copyrighted content on its network." Mr. Brown says a company can say file sharing is not part of an employee's job and, as a result, can't be held liable if an employee illegally downloads material on the company network. However, Mr. Brown believes that if an employee illegally downloads copyrighted material at work and then stores it on the company server, the company could be held liable if management knew the material was stored there and did not remove it.
Marc E. Brown, Intellectual Property, Media & Technology
2003
Marc Brown was quoted in the September 24 issue of the Los Angeles Daily Journal in the article, "Advise and Dissent." This article addressed scientific litigation in which the use of technical advisers is done in the judges cambers, behind closed doors. Mr. Brown commented "any time a judge is advised by someone in private, the lawyers get nervous because they have less control." Mr. Brown continued "such appointments could prove particularly critical in patent cases, where there's a high premium placed on a technical expert's opinion. The problem is that many people with technical background apply a much higher standard of what can and cannot be patented than the law requires. The party seeking to invalidate a patent may benefit from the technical expert."
Marc E. Brown, Intellectual Property, Media & Technology
2002
On December 2, Marc Brown was quoted on KNX 1070 radio during the business news segment. Mr. Brown commented on business method patents.
Marc E. Brown, Intellectual Property, Media & Technology, Software & IT Services
Marc Brown was quoted in the November 25 issue of Fortune magazine, "Reverse Engineering." Mr. Brown, in response to a reader's inquiry regarding reverse engineering, commented that "software can no longer be reverse-engineered with impunity, which is welcome news to those seeking to prevent copying."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the November 1 issue of Electronic Business, "Protecting the Crown Jewels" in regard to preventing intellectual property theft.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the August 1 issue of Electronic Business, "Patent Ruling Reversed" in regard to a U.S. Supreme Court decision which reversed a circuit court ruling that severely limited the scope of infringement claims inventors could make in certain patent suits.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the June 28 issue of Reuters, "Software Errors Cost Billions." Mr. Brown commented on the cost to consumers if software makers were held liable for security breaches.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in "Watchdogs: Let Laws Get Software Makers," ZDNet News, June 18, discussing IP law and protection.
Marc E. Brown, Intellectual Property, Media & Technology
2001
Marc Brown was quoted in the December 12 issue of Computer & Online Industry Litigation Reporter in the article, "Appeals Court Lifts Injunction Against BN's Online Ordering Method." Mr. Brown commented on a decision by the U.S. Court of Appeals for the Federal Circuit regarding the requirements for proving the invalidity of a patent.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the July 10 issue of the Los Angeles Daily Journal regarding pending patent applications in the article, "Critics say 'Festo' Ups Patent Costs."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the July 2 issue of the San Francisco Daily Journal in the article, "Patented Problems" in regard to pending patent applications. Mr. Brown commented "there's really not much you can do, but if you've filed a series of amendments and you're not feeling too good about it, you can refile the case again if you don't mind losing the filing date." He continued "or you may file a continuing application and refile your original claim."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the July issue of Twin Cities Business Monthly, "Impending Changes" discussing IP law and protection.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the June 12 issue of Industrial Week in the article, "Viewpoint - Personal Computing: Ward Off Internet Legal Woes." Mr. Brown commented on how users can protect themselves regarding copyright and trademark issues.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the May 14 issue of Electronic News, "Rambus Ruling Could Have Broad Impact." Mr. Brown commented on the impact of this decision on future litigation involving Rambus, Micron and Hynix.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the May 11 issue of the San Francisco Daily Journal, "Fraud Verdict Imperils Tech Company's Income." Mr. Brown commented "typically fraud requires an affirmative misrepresentation of fact. ... failure to disclose is not a sufficient basis for fraud."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the March 8 issue of the San Francisco Daily Journal, "Patent Pending" in regard to business method patents.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the February 12 issue of Electronic News, "Up Next in the Realm of Lawsuits: Globalization." Mr. Brown commented "in exchange for that, the applicant gets the right to seek compensation for infringement after publication if the patent is eventually issued. Plus you can get it published immediately, if you want to. It is retroactive. You file, ask that the application is published, then if it gets issued, you can sue for infringement."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the February 12 issue of Forbes, "Domain Name Loss for Boss."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the February 9 issue of the Los Angeles Daily Journal, "Rambus Lawyers Travel the Globe to Enforce Patent Rights." He commented on issues related to patent validity. This article also appeared in the February 9 issues of the San Francisco Daily Journal, the Washington Daily Journal, the Colorado Daily Journal, the Arizona Daily Journal and the Nevada Daily Journal.
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the February 9 issue of the San Francisco Daily Journal, "The Patent Jam." Mr. Brown commented on the legally protected right to make crustless, peanut-butter-and-jelly sandwiches. "A lot of people think that in order to get a patent the item has to be some great innovation, but that is not so." He continued, "the standard of patentability is the invention's uniqueness both in terms of the public's familiarity with the object and the object's prior existence ."
Marc E. Brown, Intellectual Property, Media & Technology
Marc Brown was quoted in the January issue of Software Law Bulletin, "Federal Circuit Severely Restricts Use of Doctrine of Equivalents."
